Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 865888 of 1,429 articles for information

Fair Valuation in Agrarian Reform: Just Compensation Under R.A. 6657

The Supreme Court clarifies that just compensation for lands acquired under P.D. 27 must follow R.A. 6657 and DAR regulations, not outdated formulas.

PCG Disciplinary Authority: Supreme Court Upholds Coast Guard’s Separate Administrative System

Supreme Court affirms the PCG Efficiency and Separation Board’s power to discipline uniformed personnel, distinct from civil service rules.

Debt Recovery Execution: Waiver of Demand and Proving Overlevy

Learn when a sheriff's failure to demand payment is excused and how to prove overlevy in execution sales under Rule 39.

Wage Order Enforcement: Prescription Rules for Money Claims vs Final Judgments

Learn the difference between the 3-year prescription for money claims and the 5-year period to enforce final judgments in Philippine labor law.

Guarantor's Defense of Excussion: What the Supreme Court Requires

Explaining the benefit of excussion for guarantors under Philippine law, based on the Supreme Court's ruling in Bitanga v. Pyramid Construction.

Exterior vs Interior Contract Interpretation and Obligations in Philippine Law

Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.

Upholding Ethical Conduct: Infidelity as Grounds for Attorney Disbarment in the Philippines

The Supreme Court rules on infidelity as grounds for attorney disbarment, clarifying ethical standards for lawyers and judges in the Philippines.

Compulsory Retirement at 60: When Company Policy Violates Security of Tenure

A company policy forcing retirement at 60 can be illegal dismissal. The Supreme Court explains the difference between voluntary and compulsory retirement.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Bouncing Checks and Iniquitous Interest: When a Civil Case Cannot Stop a Criminal Prosecution

Learn when a dispute over unconscionable interest rates can—and cannot—suspend criminal prosecutions for bouncing checks under BP 22.

Estafa by False Pretenses: Proving Fraud Beyond Reasonable Doubt in the Philippines

Learn how Philippine courts prove estafa by false pretenses, using the Rizza Lao case to explain the elements, burden of proof, and penalties.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Official Duty vs. Discourtesy: When Public Officials Cross the Line

The Supreme Court clarifies that public officials cannot hide behind official duty to justify discourtesy, reaffirming public office as a public trust.

Determining Just Compensation in Agrarian Reform: Balancing Legal Factors and Fair Valuation

Philippine Supreme Court clarifies how courts should determine just compensation for agrarian reform lands under R.A. 6657 and DAR formula.

Mission Orders and Memorandum Receipts: When They Don't Replace a Firearms License

The Supreme Court clarifies that mission orders and memorandum receipts cannot substitute for a valid firearms license, even for confidential agents.

Prior Physical Possession Is Key in Forcible Entry Cases: Gonzaga v. Agan

Philippine Supreme Court explains why ownership alone is not enough to win a forcible entry case—prior physical possession is required.

Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts

The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Medical Certificate Authentication: Proving Physical Injuries in Philippine Courts

Learn how Philippine courts treat medical certificates as evidence, why authentication matters, and what Postanes v. People teaches litigants.